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(영문) 대전고등법원 (청주) 2019.08.22 2019노90
특수강도미수등
Text

Each judgment of the court below is reversed.

(In the case of the judgment of the court of first instance, the part excluding the compensation order). The defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. The respective sentence of the lower court (the first instance judgment: imprisonment with prison labor for three years, confiscation, and imprisonment with prison labor for one year and six months) is too unreasonable.

B. The form of the judgment of the court of first instance by the prosecutor is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The judgment of the court of first instance and the judgment of the court of second instance rendered on the defendant, and the defendant and the prosecutor filed each appeal, and the court decided to hold the above two appeals together for a new trial.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the grounds for reversal of authority as above. The judgment below is reversed, and it is again decided as follows after pleading.

[Discied reasoning of the judgment below] The same is identical to the description of each corresponding column of the judgment below on facts of crime and evidence, and thus, it is cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 342, 334(2) and (1), 333 (a), Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 (a) of the Criminal Act, Article 329 (a) of the Criminal Act, and Article 329 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 1 through 13, 15 through 19, 21 through 23, 25, 26, 29 through 33 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 342 and Article 329 (a) of the Act on the Aggravated Punishment, etc. of Misappropriation) of the Act on the Aggravated Punishment, etc. of Specific Crimes, each of the crimes listed in the judgment below No. 13800, Mar. 1, 29.

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